TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Triton Foods, Inc.
c/o Alfredo Alvarez
7301 NW 77th Street
Medley, FL 33166
WATERWAY AND LOCATION: The project would affect waters of the United States in the Transitional Northeast Everglades Wetland Basin. The project site is comprised of a vacant lot located at NW 102nd Avenue and NW 64th Street, in Section 17, Township 53 south, Range 40 east, Unincorporated Miami-Dade County, Florida (folio number: 35-3017-001-0645).
Directions to the site are as follows: From Downtown Miami, head northeast on SE 4th Street toward SE 1st Avenue. Use the left lane to turn slightly left onto SE 1st Avenue. Turn left onto SE 2nd street. Use the right lane to take the ramp onto I-95. Use the left lane to take exit 3A to merge onto FL-836 W towards airport. Continue onto FL-836 W. Use the right 2 lanes to take 826 N/Palmetto Expressway. Use the right 2 lanes to take the NW 58th Street exit. Use the left 2 lanes to turn left onto NW 58th Street. Turn right onto NW 99th Avenue. Turn left, the project area will be at the end of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 25.83112° Longitude -80.361068°
PROJECT PURPOSE:
Basic: The basic project purpose is for a commercial development.
Overall: The overall project purpose is for a commercial development in the Transitional Northeast Everglades Wetland Basin in Unincorporated Miami-Dade County.
EXISTING CONDITIONS: The 5-acre vacant parcel is bounded to the north and south by undeveloped lands on the east by NW 102nd Avenue and on the west by a developed site.
Based on the information prepared by RS Environmental Consultants, a site inspection was done on March 14, 2018. The project site contains wetland habitat. The wetlands onsite have been degraded to a low quality following decades of both onsite and adjacent impacts, starting in the 1960’s and proceeding on through the years with the further dense development and improvement of infrastructure in the surrounding area. Neighboring stormwater drainage efforts have also severely decreased hydrology in the area, resulting in drier soils, less standing water, and vast exotic recruitment. The following describes the existing site conditions in detail.
Exotic Dominated Wetlands: These wetlands consist of dense exotic vegetation with scattered native understory. The site contains 3.62 acres of this wetland type. Canopy primarily consists of Melaleuca (Melaleuca quinquenervia) with scattered bay trees. Groundcover consists of scattered Sawgrass (Cladium jamaicense), pockets of Arrowhead (Sagittaria latifolia), and scattered native ferns.
Disturbed Wetlands: These wetlands consist of exotic-dominated vegetation and disturbed soils. The site contains 1.38 acres of this wetland type. Australian Pine (Casuarina equisetifolia) and Brazilian pepper (Schinus terebinthifolius) make up the majority of tree species found in the canopy. Ground cover in dense areas is dominated by Brazilian Pepper, Burma Reed (Neyraudia reynaudiana), Australian Pine needles, while cover in open areas consists mainly of remnant ferns.
Saturated mucky soils represent the main hydrologic indicators found onsite. This area appears to exhibit great influence from the lowered groundwater table. The absence of stain lines and periphyton mats suggest the presence of an extremely short hydroperiod. According to the USDA Natural Resources Conservation Service Soil Survey for Miami-Dade County Area, the underlying soils consist of Hallandale Fine Sand soils.
PROPOSED WORK: The applicant seeks authorization to place 48,327 cubic yards of fill in 5 acres of waters of the United States for the construction of a commercial facility. The applicant proposes the construction of buildings and associated parking. The work is proposed in waters of the United States in accordance with the attached site plans.
AVOIDANCE AND MINIMIZATION INFORMATION - The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“The proposed filling will be performed in such a way as to preserve water quality from potential contamination during construction. In order to minimize impacts to adjacent wetland projects, the applicant proposes to implement the FDEP NPDES BMP's to ensure turbidity standards are not exceeded. Material used on the site will consist entirely of clean fill.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant plans to purchase credits from Everglades National Park Hole in the Donut Mitigation Bank.”
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. Per the Standard Operating Procedures for Section 106 of the National Historic Preservation Act Compliance for the State of Florida, dated 21 November 2016, the work is limited in nature and scope; therefore, no additional 106 review is needed (section 6, part iii).
ENDANGERED SPECIES: The Corps has determined the proposed project has the potential to affect the following species: Florida Bonneted Bat (Eumops floridanus), Wood Stork (Mycteria americana) and designated critical habitat, Eastern Indigo Snake (Drymarchon corais couperi), and American Crocodile (Crocodylus acutus).
Florida Bonneted Bat (FBB): The project site is located in the FBB consultation area. In addition, the project site is 5 acres or greater and includes more than 1 acre of upland or wetland forest, upland or wetland shrub, or open freshwater wetlands. Use of the 2013 FBB Effect Determination Guidelines resulted in the sequence 1>2>c “may affect”. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
Wood Stork: Potential impacts to the Wood Stork were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Wood Stork in Florida, May 18, 2010 (Key). The project impacts are at a location greater than 18.6 miles from a wood stork colony site and mitigation is proposed at a Service approved mitigation bank. Use of the Key resulted in the sequence A>B>C>E>D NLAA”. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Wood Stork dated 18 May 2010.
Eastern Indigo Snake: Potential impacts to the eastern indigo snake were evaluated using the August 1, 2017, Determination Key for the Eastern Indigo Snake. Use of the Key resulted in the sequence: A>B>C>D>E: "not likely to adversely affect". The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Eastern Indigo Snake.
Everglades Snail Kite (ESNKI): The project is located within the ESNKI Consultation Area. The project location does not contain an extensive marsh system or lake littoral zones that could serve as foraging habitat for the species. The on-site plant community does not include spike rush, maidcaine, bulrush or other appropriate emergent vegetation necessary to support an apple snail population in the area, the primary food sources for SNKI. The project location does not contain open water areas necessary for nesting. Therefore, the Corps determined the project will have no effect on the ESNKI. Where the Corps makes a “no effect” determination to a listed species, no further consultation is required.
American Crocodile: While the project is located within the crocodile consultation area, the parcel is not accessible to the crocodile, therefore, the Corps has determined the proposal would have no effect on the crocodile. Where the Corps makes a “no effect” determination to a listed species, no further consultation is required.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would have no impacts on tidally influenced waters. Therefore, our initial determination is that the proposed action would have no impact on EFH or Federally managed fisheries.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 SW 107th Ave., Suite 203, Miami, Florida 33176 within 21 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Nicole Fresard, in writing at the Miami Permits Section, 9900 SW 107th Ave., Suite 203, Miami, Florida 33176; by electronic mail at Nicole.D.Fresard@usace.army.mil; or, by telephone at (305)779-6053.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.